JUDGMENT :

RAJEEV RANJAN PRASAD, J.

I.A. No. 01 of 2024

1. This application has been filed seeking condonation of delay of 60 days in filing the present appeal.

2. Reasons have been shown in paragraph no.4 of the application wherein it is stated that due to Durga Puja holidays, the appellant could not obtain the certified copy of the judgment for the purpose of filing this appeal.

3. Taking note of the reasons shown and there being no opposition to the application for condonation of delay, we condone the delay in filing of the appeal.

4. I.A. No. 01 of 2024 is allowed.

Re: Cr. Appeal (DB) No. 392 of 2024

5. Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the respondent nos. 2 and 3.

6. The present appeal arises out of the judgment of acquittal dated 18.10.2023 (hereinafter referred to as the 'impugned judgment'), passed by the learned Additional Sessions Judge-IV, Saran at Chapra (hereinafter referred to as ‘the learned Trial Court’) in Sessions Trial No. 117 of 2020, arising out of Mashrak P.S. Case No. 95 of 2018 dated 06.04.2018, whereby and whereunder the respondent nos. 2 and 3 have been acquitted of the charges levelled against them under Sections 302 and 120B of Indian Penal Code (hereinafter referred to as ‘IPC’).

Prosecution Case

7. The prosecution case is based on a written information furnished by one Jai Kishore Prasad (PW-3) submitted to the Officer-in-charge, Mashrak Police Station, Saran on 06.04.2018 at 19:00 hours. In his written information (Exhibit ‘P/1’), the informant alleged that his younger brother, namely Vishwanath Prasad @ Bittu is the Headmaster in Middle School, Nanoli under PS Mashrak. On 06.04.2018 at about 6:00 p.m. as usual he left home for school on his motorcycle. The informant stated that he along with his son was on one motorcycle and Mithilesh Kumar Madhukar son of Vishwanath Prasad was on another motorcycle. Both were behind the motorcycle of Vishwanath Prasad at some short distance. As soon as Vishwanath Prasad reached South to Dumduma Pul and North to Khajuri Brahmsthan, from the front three persons, namely Shambhu Prasad, Vijay Kumar and Ajay Kumar, riding on one motorcycle intercepted the motorcycle of Vishwanath Prasad and Vijay Kumar @ Munna having pistol in his hand started abusing him. Ajay Kumar then ordered to shoot him. On which Vijay Kumar @ Munna fired shot on the head of Vishwanath Prasad from behind. Thereafter, Shambhu Prasad fired shot on his back, due to which he fell down, the informant's side and some passersby tried to catch hold of them, then the accused persons started firing in air and fled away in North direction. The informant alleged that due to old enmity, Amit Kumar @ Sanjay Kumar has committed assault to his elder and threatened to kill him. The informant alleged criminal conspiracy by Pooja Devi and daughter of Sambhu Prasad, Vijay Kumar @ Munna, his wife Chanda Devi, Sanjay Kumar @ Amit Kumar and his wife.

8. On the basis of the aforesaid written information, Mashrak P.S. Case No. 95 of 2018 dated 06.04.2018 was registered under Sections 302, 120(B)/34 IPC and Section 27 of the Arms Act against accused persons, namely, (1) Shambhu Prasad, (2) Vijay Kumar @ Munna, (3) Ajay Kumar, (4) Amit Kumar @ Sanjay Kumar, (5) Pooja Devi, (6) wife of Shambu Prasad, (7) Chanda Devi wife of Vijay Kumar @ Munna, (8) wife of Sanjay Kumar @ Amit Kumar and (9) wife of Ajay Kumar.

9. Upon completion of the investigation, the police submitted a charge-sheet bearing Charge-sheet No. 217/2018 dated 30.06.2018, against (1) Vijay Kumar Singh @ Munna (respondent no. 2) and (2) Pooja Prabhakar @ Pooja Devi (respondent no. 3) under Section 302 and 120(B)/34 of the IPC and Section 27 of the Arms Act keeping the investigation pending against other accused persons. The learned Magistrate vide order dated 14.09.2018 took cognizance of the offences under Section 302, 120(B)/34 of IPC and Section 27 of the Arms Act. After supply of the po